Admin I November 23, 2016
Abuja, Nigeria – The Court of Appeal sitting in Abuja today set aside the June 29 ruling of the Justice Okon Abang of the Federal High Court which directed the Independent National Electoral Commission (INEC) to recognize Jimoh Ibrahim as the authentic candidate of the Peoples Democratic Party(PDP) in the November 26 governorship election in Ondo State.
Justice Abang had re-affirmed his decision in October 14, and warned the electoral body against accepting any candidate nominated by the Senator Ahmed Markafi-led National Caretaker Committee of the PDP.
Jimoh Ibrahim was produced by the Ali-Modu Sheriff faction of the PDP. While Eyitayo Jegede(SAN) was produced by the Senator Ahmed Markafi-led National Caretaker Committee of the PDP.
In a unanimous decision today, the 3-man Court of Appeal Panel led by Justice Ibrahim Saulawu directed INEC to recognize Eyitayo Jegede of the Markafi-led faction.
The appellate court, held that Justice Abang’s refusal to grant fair hearing to Eyitayo Jegede, “rendered the entire proceedings before his court a nullity”.
“Indeed it is obvious from the records that the appellant’s name had been duly published as the governorship candidate of the 11th respondent (PDP) for the November 26 Ondo governorship election”, it said and that the lower court acted in error when it ordered the publication of Jimoh Ibrahim as the authentic candidate of the PDP, an act, it said was in total breach of the provision of section 36 of the 1999 constitution’.
According to the Court of Appeal, that section of the constitution forbids any court from denying fair hearing to a party likely to be affected by final decision of the court.
He ruled that the court violated the “the tenets of natural Justice, which entails that a party ought to be heard prior to determination of case against them”.
It added that the court that ruled in June 29 and October 14 lacked the jurisdictional competence to make such order.
“I have no restriction in the circumstance in resolving the second issue equally in favour of the appellant”, adding that the action amounted to “a violent attitudinal disposition to the rule of law”.
The court noted that Jegede filed his appeal on November 11, which raised seven issues for determination. The issues included whether it was proper for the high court to order INEC to jettison Jegede’s name after he had already been nominated by the PDP and his name published.
Recall that Justice Jummai Hanatu-Sankey who led the initial 3-man panel had resigned following allegation that it collected N350million bribe from Governors Olusegun Mimiko and Nyesom Wike of Ondo and Rivers States, respectively.
